Rhode Island 2023 Regular Session

Rhode Island House Bill H5436 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5436
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7	7	LC001001
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO HEALTH AND SAFETY -- ABUSE IN HEALTHCARE FACILITIES
16	16	Introduced By: Representatives Serpa, Fellela, Ackerman, Costantino, Phillips, Lima,
17	17	and Shanley
18	18	Date Introduced: February 08, 2023
19	19	Referred To: House Judiciary
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 23-17.8-1 of the General Laws in Chapter 23-17.8 entitled "Abuse in 1
24	24	Healthcare Facilities" is hereby amended to read as follows: 2
25	25	23-17.8-1. Definitions. 3
26	26	(a)(1) “Abuse” means: 4
27	27	(i) Any assault as defined in chapter 5 of title 11, including, but not limited to, hitting, 5
28	28	kicking, pinching, slapping, or the pulling of hair; provided, however, unless it is required as an 6
29	29	element of the offense charged, it shall not be necessary to prove that the patient or resident was 7
30	30	injured by the assault; 8
31	31	(ii) Any assault as defined in chapter 37 of title 11; 9
32	32	(iii) Any offense under chapter 10 of title 11; 10
33	33	(iv) Any conduct which harms or is likely to physically harm the patient or resident except 11
34	34	where the conduct is a part of the care and treatment, and in furtherance of the health and safety of 12
35	35	the patient or resident; or 13
36	36	(v) Intentionally engaging Engaging in a pattern of harassing conduct which causes or is 14
37	37	likely to cause emotional or psychological harm to the patient or resident, including but not limited 15
38	38	to, ridiculing or demeaning a patient or resident, making derogatory remarks to a patient or resident 16
39	39	or cursing directed towards a patient or resident, or threatening to inflict physical or emotional harm 17
40	40	on a patient or resident. 18
41	41	(2) Nothing in this section shall be construed to prohibit the prosecution of any violator of 19
42	42
43	43
44	44	LC001001 - Page 2 of 5
45	45	this section under any other chapter. 1
46	46	(b) “Department” means the department of health when the incident occurs in a health care 2
47	47	facility, and the department of behavioral healthcare, developmental disabilities and hospitals when 3
48	48	the incident occurs in a community residence for people who are mentally retarded or persons with 4
49	49	developmental disabilities. 5
50	50	(c) “Facility” means any health care facility or community residence for persons who are 6
51	51	mentally retarded, or persons with developmental disabilities as those terms are defined in this 7
52	52	section. “Health care facility” means any hospital or facility which provides long-term health care 8
53	53	required to be licensed under chapter 17 of this title, and any assisted living residence required to 9
54	54	be licensed under chapter 17.4 of this title, and any community residence whether privately or 10
55	55	publicly owned. “Community residence” for persons who are mentally retarded or persons with 11
56	56	developmental disabilities means any residential program licensed by the department of behavioral 12
57	57	healthcare, developmental disabilities and hospitals which meets the definition of a community 13
58	58	residence as defined in § 40.1-24-1(2) and provides services to people who are mentally retarded 14
59	59	or persons with developmental disabilities. 15
60	60	(d) “High Managerial Agent” means an officer of a facility, the administrator and assistant 16
61	61	administrator of the facility, the director and assistant director of nursing services, or any other 17
62	62	agent in a position of comparable authority with respect to the formulation of the policies of the 18
63	63	facility or the supervision in a managerial capacity of subordinate employees. 19
64	64	(e) “Mistreatment” means the inappropriate use of medications, isolation, or use of physical 20
65	65	or chemical restraints: 21
66	66	(1) As punishment; 22
67	67	(2) For staff convenience; 23
68	68	(3) As a substitute for treatment or care; 24
69	69	(4) In conflict with a physician’s order; or 25
70	70	(5) In quantities which inhibit effective care or treatment, or which harms or is likely to 26
71	71	harm the patient or resident. 27
72	72	(f) “Neglect” means the intentional failure to provide treatment, care, goods, and services 28
73	73	necessary to maintain the health and safety of the patient or resident, or the intentional failure to 29
74	74	carry out a plan of treatment or care prescribed by the physician of the patient or resident, or the 30
75	75	intentional failure to report patient or resident health problems or changes in health problems or 31
76	76	changes in health conditions to an immediate supervisor or nurse, or the intentional lack of attention 32
77	77	to the physical needs of a patient or resident including, but not limited to toileting, bathing, meals, 33
78	78	and safety. No person shall be considered to be neglected for the sole reason that he or she relies 34
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82	82	on or is being furnished treatment in accordance with the tenets and teachings of a well-recognized 1
83	83	church or denomination by a duly-accredited practitioner of a well-recognized church or 2
84	84	denomination. 3
85	85	(g) “Patient” means any person who is admitted to a facility for treatment or care, while 4
86	86	“resident” means any person who maintains their residence or domicile, on either a temporary or 5
87	87	permanent basis, in a facility. 6
88	88	(h) “Person” means any natural person, corporation, partnership, unincorporated 7
89	89	association, or other business entity. 8
90	90	(i) “Immediate jeopardy” means a situation in which the nursing facility’s alleged 9
91	91	noncompliance with one or more state or federal requirements or conditions has caused, or is likely 10
92	92	to cause serious injury, harm, impairment or death to a resident; or shall be defined in accordance 11
93	93	with 42 CFR 489 or any subsequent applicable federal regulations. 12
94	94	(j) “Non-immediate jeopardy — high potential for harm” means a situation in which a 13
95	95	nursing facility’s alleged noncompliance with one or more state or federal requirements or 14
96	96	conditions may have caused harm that negatively impacts the individual’s mental, physical and/or 15
97	97	psychosocial status; or shall be defined in accordance with 42 CFR 489 or any subsequent 16
98	98	applicable federal regulations. 17
99	99	(k) “Non-immediate jeopardy — medium potential for harm” means a situation in which a 18
100	100	nursing facility’s alleged noncompliance with one or more state or federal requirements or 19
101	101	conditions has caused or may have caused harm that is of limited consequence and does not 20
102	102	significantly impair the individual’s mental, physical and/or psychosocial status to function; or shall 21
103	103	be defined in accordance with 42 CFR 489 or any subsequent applicable federal regulations. 22
104	104	(l) “Non-immediate jeopardy — low potential for harm” means a situation in which a 23
105	105	nursing facility’s alleged noncompliance with one or more state or federal requirements or 24
106	106	conditions may have caused mental, physical and/or psychosocial discomfort that does not 25
107	107	constitute injury or damage; or shall be defined in accordance with 42 CFR 489 or any subsequent 26
108	108	applicable federal regulations. 27
109	109	SECTION 2. Section 42-66-4.1 of the General Laws in Chapter 42-66 entitled "Office of 28
110	110	Healthy Aging" is hereby amended to read as follows: 29
111	111	42-66-4.1. Definitions. 30
112	112	As used in this chapter: 31
113	113	(1) “Abuse” means physical abuse, sexual abuse, and/or emotional abuse of an elderly 32
114	114	person by a caregiver as defined in subsection (5). 33
115	115	(a) “Physical abuse” means the willful infliction of physical pain or injury (e.g. slapping, 34
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119	119	bruising or restraining) upon an elderly person. 1
120	120	(b) “Sexual abuse” means the infliction of non-consensual sexual contact of any kind upon 2
121	121	an elderly person. Sexual abuse includes, but is not limited to, sexual assault, rape, sexual misuse 3
122	122	or exploitation of an elder, as well as threats of sexual abuse where the perpetrator has the intent 4
123	123	and the capacity to carry out the threatened abuse. 5
124	124	(c) “Emotional abuse” means a pattern of willful infliction of mental or emotional harm 6
125	125	upon an elder by threat, intimidation, isolation or other abusive conduct. 7
126	126	(2) “Exploitation” means the fraudulent or otherwise illegal, unauthorized or improper act 8
127	127	or process of an individual, including, but not limited to, a caregiver or fiduciary, that uses the 9
128	128	resources of an elder for monetary or personal benefit, profit, gain, or that results in depriving an 10
129	129	elder of rightful access to, or use of, benefits, resources, belongings, or assets by use of undue 11
130	130	influence, harassment, duress, deception, false representation or false pretenses. 12
131	131	(3) “Neglect” means the willful failure by a caregiver or other person with a duty of care 13
132	132	to provide goods or services necessary to avoid physical harm, mental harm or mental illness to an 14
133	133	elderly person, including, but not limited to, “abandonment” (withdrawal of necessary assistance) 15
134	134	and denial of food or health related services. 16
135	135	(4) “Willful” means intentional, conscious and directed toward achieving a purpose. 17
136	136	(5) “Caregiver” means a person who has assumed the responsibility for the care of the 18
137	137	elderly person voluntarily, by contract or by order of a court of competent jurisdiction, or who is 19
138	138	otherwise legally responsible for the care of the elderly person. 20
139	139	(6) “Self-neglect” means a pattern of behavior in an elderly person that directly, 21
140	140	imminently and significantly threatens his/her own health and/or, safety. Self-neglect includes, but 22
141	141	is not limited to, an inability or an incapacity to provide self with food, water, shelter, or safety to 23
142	142	the point of establishing imminent risk of any of the harm(s) described in the immediately preceding 24
143	143	sentence. 25
144	144	(7) “Protective services” means services and/or action intended to prevent and/or alleviate 26
145	145	the abuse, neglect, exploitation or self-neglect of elderly persons. Protective services may include 27
146	146	supervision, counseling, and assistance in securing health and supportive services, safe living 28
147	147	accommodations and legal intervention. 29
148	148	(8) “Elderly person” or “elder” means any person sixty (60) years of age or older. 30
149	149	SECTION 3. This act shall take effect upon passage. 31
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151	151	LC001001
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154	154
155	155	LC001001 - Page 5 of 5
156	156	EXPLANATION
157	157	BY THE LEGISLATIVE COUNCIL
158	158	OF
159	159	A N A C T
160	160	RELATING TO HEALTH AND SAFETY -- ABUSE IN HEALTHCARE FACILITIES
161	161	***
162	162	This act would remove the intent requirement relative to the definitions of "abuse" within 1
163	163	the chapter on "abuse in healthcare facilities" and would amend the definitions of "abuse" and 2
164	164	"neglect" with regard to elderly affairs by deleting the element of willful conduct. This act would 3
165	165	also delete the definition of willful. 4
166	166	This act would take effect upon passage. 5
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168	168	LC001001
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